Ventura County Grand Jury · 6/1/2015 · Ventura County 2014 – 2015 Grand Jury Final Report County Responsibility for Sidewalks 2 forth in California Streets and Highways Code

Ventura County Grand Jury

2014 - 2015

Final Report

County Responsibility for

Sidewalks

June 1, 2015

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Ventura County 2014 – 2015 Grand Jury Final Report

County Responsibility for Sidewalks

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Summary

Sidewalk maintenance and repair in unincorporated areas have been issues in

Ventura County (County) for many years. With the passage of Proposition 13 in 1978, which limited property tax dollars, the Ventura County Board of Supervisors

(BOS) rescinded previous funding for sidewalk maintenance. Instead it adopted procedures in the California Streets and Highways Code that place this responsibility on owners of properties adjacent to sidewalks.

In 2001, 2006, and 2014, the BOS directed the County Public Works Agency (PWA) to conduct an analysis of this issue. In October 2014 the BOS denied a motion to

fund sidewalk maintenance and repair. However, it directed the PWA to use grinding (the shaving down of raised concrete slab edges), if appropriate, as a temporary repair method at no cost to the property owner.

In response to public complaints, the 2014-2015 Grand Jury (Grand Jury) initiated an investigation into the issue of sidewalk maintenance and repair in unincorporated

areas by comparing the policies of County cities; interviewing County personnel; reviewing BOS minutes, exhibits, and videos; conducting Internet research; and reviewing California law.

As a result of the investigation, the Grand Jury found that the current County practice of sidewalk maintenance and repair is haphazard and complicated because

both temporary and permanent repairs are only carried out when the Public Works Agency Transportation Department (PWATD) is already in an area doing street repair work. The current BOS policy—to grind sidewalks as a temporary repair at

no cost to property owners—is not explained or readily available on the PWA website or in its published brochure.

The Grand Jury recommends that the Board of Supervisors direct the PWA to regularly assess the condition of all sidewalks in unincorporated areas, develop a

repair/replacement plan, and oversee the completion of all needed work independent of street repair projects. The Grand Jury takes no position on funding for the repair.

The Grand Jury recommends that the Board of Supervisors direct the PWA to revise its website to be more complete and easily accessible, especially with regard to

current BOS directives and PWATD practices related to sidewalk maintenance in unincorporated areas. The Sidewalk and Street Tree Maintenance brochure should include information about grinding of sidewalks at County expense.

Background

Prior to 1978, the BOS allocated $45,000 annually to the PWA for sidewalk repair and replacement in unincorporated areas of the County. In 1978 California voters passed Proposition 13, which limited County property tax revenue. As a result, the

BOS rescinded the annual allocation for sidewalk repair and adopted procedures set



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forth in California Streets and Highways Code Section 5600: “the costs of curb,

gutter, and sidewalk maintenance to be assessed on property owners.” [Ref-01, Ref-02]

In 2001, 2006, and 2014, the BOS directed the PWA to conduct an analysis of this

issue. In December 2006, the BOS enacted County Ordinance No. 4355, which further clarified the homeowner’s responsibility and liability for sidewalk

maintenance. [Ref-02, Ref-03]

As a response to complaints from property owners in unincorporated areas of the County, the Grand Jury conducted an investigation into County policies and

procedures related to the responsibility for sidewalk maintenance. This investigation involved the review of current and past policies of the County as well as the

processes used to communicate these policies. It also involved a review of sidewalk repair policies of cities within the County. (Att-01)

The following questions were investigated by the Grand Jury:

How does the PWA implement current sidewalk repair policy?

How is the public informed of the current sidewalk repair policy?

Do property owners in unincorporated areas have the right to expect the same services as those provided by the cities in the County?

Methodology

The Grand Jury conducted an investigation that included:

Reviewing the California State Constitution related to the streets and highways code

Researching California case law related to property owners’ responsibility and liability for sidewalk maintenance

Comparing the sidewalk repair policies of the County’s ten cities to the

policy covering the County’s unincorporated areas

Examining the PWATD survey of other California county and city

agencies’ sidewalk repair practices

Reviewing the League of California Cities’ presentation on sidewalk repair and liability

Reading numerous relevant newspaper articles

Interviewing County personnel

Facts

FA-01. With the passage of Proposition 13 in 1978, the BOS rescinded its annual

funding ($45,000) for sidewalk maintenance and repair in unincorporated areas. (This funding is equivalent to $170,154 in today’s dollars.) [Ref-02]

FA-02. A section of the California Streets and Highways Code assigns sidewalk maintenance responsibility to property owners. In 1978 the BOS adopted



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the procedures set forth in the California Code, Section 5600-5630.

[Ref-01]

FA-03. Eight out of ten cities in the County assume fiscal responsibility for sidewalk maintenance and repair. The cities of Santa Paula and Port Hueneme are

the exceptions. (Att-01)

FA-04. Some property owners in unincorporated areas of the County expect the

same services, including sidewalk maintenance and repair, as those who live in the adjoining cities.

FA-05. In February 2014, the BOS directed the PWATD to review its current

sidewalk maintenance policy. [Ref-04]

FA-06. On October 28, 2014, the PWATD presented to the BOS the results of its

survey of the policies of California counties related to the responsibility for sidewalk repair. Out of 58 counties, 20 responded. Of the 20 responding:

Nine counties require property owners to maintain sidewalks.

Eleven counties assume responsibility for maintaining sidewalks.

The PWATD also stated that five counties that did not respond to the survey

maintain sidewalks.

[Ref-02]

FA-07. According to the PWATD report of October 28, 2014, there are 150 miles of sidewalks in unincorporated areas of the County. Sixty percent of these sidewalks are located in Supervisorial District 2. The report also includes

estimates of the cost for needed repair or replacement of all sidewalks in unincorporated areas at $2.6 million with annual maintenance costs at

$200,000. [Ref-02]

FA-08. On October 28, 2014, the District 2 Supervisor presented to the BOS a proposal for a countywide, sustainable Sidewalk Maintenance Program: “to

Revise County Policy to Re-Establish Public Funding of Sidewalk Maintenance…in the Unincorporated County and Include Grinding as a

Temporary Sidewalk Repair Method.” This motion was not approved. [Ref-02]

FA-09. On October 28, 2014, a BOS motion “to include grinding as a temporary

sidewalk repair method and perform the sidewalk repair while performing the street maintenance and not charge the property owner” was approved

in a 3-2 vote. [Ref-02]

FA-10. According to the PWATD, grinding has been used as a temporary solution to sidewalk damage; however, the only permanent (long-term) solution is

replacement. [Ref-02]

FA-11. The PWATD has repaired or replaced sidewalks at approximately 800

locations since 2009. Property owners have been assessed for these repairs. Replacement of sidewalk slabs cost, on average, $320 if completed by the County. [Ref-02]



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FA-12. Property owners have the option to hire a private contractor to repair or

replace their sidewalks at their expense. A “no-fee” encroachment permit from the PWATD is required. In general the cost to hire a private contractor is more expensive than the average $320 charged by the County. [Ref-02]

FA-13. Information about the October 28, 2014 BOS directive related to grinding sidewalks at County expense is not available on the PWATD website or

phone message system. The fact that sidewalk maintenance is only performed in conjunction with road maintenance projects is also not available on the website. [Ref-06]

FA-14. The PWATD revised the brochure Sidewalk and Street Tree Maintenance on February 12, 2015. The revised brochure contains no information related

to grinding sidewalks at County expense. [Ref-06] (Att-02)

FA-15. Information related to the PWA, accessed through the County of Ventura website, provides links to the Transportation Department pages that

include the sidewalk brochure and information on current road maintenance projects, as well as priorities for these projects. [Ref-06]

FA-16. Property owners are notified in advance (within four to six months) when road maintenance will be conducted in their area. With regard to sidewalks,

the notification letter says, “The enclosed photograph shows the sidewalk on your property has significant damage and needs to be repaired or replaced.” The letter gives information about replacement, cost, and

homeowner responsibility for payment. (Att-03)

FA-17. Currently the PWATD has made a renewed effort to collect past-due

amounts from property owners who have not paid their invoices for sidewalk replacement work done from December 2005 to January 2014. [Ref-06]

FA-18. On March 10, 2015, the PWATD presented to the BOS a report on its efforts to collect delinquent fees for sidewalk replacement. The BOS approved a

motion giving property owners a 90-day extension to pay delinquent fees or face property liens. [Ref-05]

FA-19. The PWATD has no authority to grant exemptions to property owners for

sidewalk maintenance costs.

Findings

FI-01. The issue of maintaining residential sidewalks in County unincorporated areas is both complicated and confusing. Information as to homeowner

responsibility for sidewalk maintenance (repair versus temporary fixes) is not readily available. (FA-03, FA-04, FA-05, FA-06, FA-07, FA-08, FA-09,

FA-10, FA-11, FA-12, FA-13, FA-14, FA-15, FA-16, FA-17, FA-18, FA-19)

FI-02. A funded countywide sustainable sidewalk policy would benefit property owners in Supervisorial District 2 to a greater extent than other districts

because 60% of sidewalks in need of repair are located in that district. (FA-04, FA-07, FA-08)



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FI-03. Current sidewalk maintenance practice is not related to the actual condition

of the sidewalks. Sidewalk repairs—both temporary and permanent—are completed only when the PWATD is performing scheduled street repair in an area. (FA-04, FA-16)

FI-04. Information on sidewalk repair and maintenance is not easily accessed on the County website. Website pages do not contain clear and complete

information. Examples include: navigation to specific information is difficult; information about free grinding is not available; there is limited information as to when sidewalk repairs will be done in an area. (FA-13,

FA-14, FA-15)

Recommendations

R-01. The Grand Jury recommends that the Board of Supervisors direct the PWA to revise its website to be more complete and easily accessible, especially

with regard to current BOS directives and PWATD practices related to sidewalk maintenance in unincorporated areas. The Sidewalk and Street

Tree Maintenance brochure should include information about grinding of raised sidewalk sections at County expense. (FI-01, FI-03, FI-04)

R-02. The Grand Jury recommends that the Board of Supervisors direct the PWA

to regularly assess the condition of all sidewalks in unincorporated areas, develop a repair/replacement plan, and oversee the completion of all

needed work independent of street repair projects. The Grand Jury takes no position on funding for the repair. (FI-03)

Responses

Responses required from:

Board of Supervisors of Ventura County (FI-01, FI-02, FI-03) (R-01, R-02)

Responses requested from:

Public Works Agency of Ventura County (FI-01, FI-03, FI-04) (R-01, R-02)

References

Ref-01. State of California, Streets & Highways Code Sections 5600–5630, http://www.leginfo.ca.gov/cgi-

bin/displaycode?section=shc&group=05001-06000&file=5610-5618 (accessed May 8, 2015).

Ref-02. Board of Supervisors Meeting, Support Documents for the Regular Meeting Agenda, Item #41, October 28, 2014, http://ventura.granicus.com/DocumentViewer.php?file=ventura_36fdd6

b8f07acb4747727ad080b1ded0.pdf&view=1 (accessed May 6, 2015).

Ref-03. Ordinance Code No. 4355 of the County of Ventura, Division 12, Chapter

7 Maintenance and Repair of Sidewalks, Sections 12701-12703, http://portal.countyofventura.org/portal/page/portal/PUBLIC_WORKS/tr

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=05001-06000&file=5610-5618

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=05001-06000&file=5610-5618

http://ventura.granicus.com/DocumentViewer.php?file=ventura_36fdd6b8f07acb4747727ad080b1ded0.pdf&view=1

http://ventura.granicus.com/DocumentViewer.php?file=ventura_36fdd6b8f07acb4747727ad080b1ded0.pdf&view=1

http://portal.countyofventura.org/portal/page/portal/PUBLIC_WORKS/transportation/One%20Stop%20Permit/Ordinances/Sidewalk%20Ordinance%20No.%204355.pdf



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ansportation/One%20Stop%20Permit/Ordinances/Sidewalk%20Ordinan

ce%20No.%204355.pdf (accessed May 6, 2015).

Ref-04. Board of Supervisors Meeting, Motion Requesting PWATD to Provide Sidewalk Repair Report, Agenda Item #18, February 11, 2014,

http://ventura.granicus.com/MediaPlayer.php?view_id=67&clip_id=3494 (accessed May 6, 2015).

Ref-05. Board of Supervisors Meeting, Support Documents for the Regular Meeting Agenda, Item #26, March 10, 2015, http://ventura.granicus.com/DocumentViewer.php?file=ventura_eb8675

7883673384f7b27615c7634f2f.pdf&view=1 (accessed May 8, 2015).

Ref-06. County of Ventura website, Public Works Agency Transportation

Department, http://pwaportal.ventura.org/td/Residents/Streets_and_Transportation/FAQs_and_Citizen_Brochures/Brochure_SidewalkandStreetTreeMaintena

nce.pdf (accessed May 8, 2015).

Attachments

Att-01. City Sidewalk Repair Policies

Att-02. PWATD Brochure Sidewalk and Street Tree Maintenance

Att-03. Sample Letter of Notice to Property Owners of Sidewalk Repair



http://ventura.granicus.com/MediaPlayer.php?view_id=67&clip_id=3494

http://ventura.granicus.com/MediaPlayer.php?view_id=67&clip_id=3494

http://ventura.granicus.com/DocumentViewer.php?file=ventura_eb86757883673384f7b27615c7634f2f.pdf&view=1

http://ventura.granicus.com/DocumentViewer.php?file=ventura_eb86757883673384f7b27615c7634f2f.pdf&view=1

http://pwaportal.ventura.org/td/Residents/Streets_and_Transportation/FAQs_and_Citizen_Brochures/Brochure_SidewalkandStreetTreeMaintenance.pdf





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Glossary

TERM DEFINITION

BOS Ventura County Board of Supervisors

County Ventura County

Grand Jury 2014-2015 Ventura County Grand Jury

Grinding Technique used to shave down a raised side of two adjoining sections of concrete

PWA Ventura County Public Works Agency

PWATD Ventura County Public Works Agency Transportation Department

Sustainable Able to maintain at a certain rate or level

Unincorporated area Parts of the County not within the boundaries of an incorporated city



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Attachment 01

City Sidewalk Repair Policies



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Attachment 02

PWATD Brochure Sidewalk and Street Tree Maintenance



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Attachment 03

Sample Letter of Notice to Property Owners of Sidewalk Repair



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